♪ ♪ imus in the morning ♪ >> i'm going to call it stim plan 2, a blueprint for a plan from a desperate president. the economy shows signs of trouble and the obama team prints copies aftfter glossy magazine outlining a plan.

we're looking for anything brand new in that plan. shocking figures on debt and how fast it's growing. would you believe an extra 200 billion dollars in the last 50 days? that's 4 billion a day. technology gone wild? facebook stock way up. netflix way down. zynga, the farmville company in full retreat. death watch maybe? and apple fighting itself? yeah, another big day so watch out. "varney & company" is about to begin.

>> good morning, on this wednesday, october 24th. note the date. it relates to the big debt story. as of today, total debt 16.2 trillion. remember when it first crossed the 16 trillion dollar mark, it was september 4th, right as the democrat convention was starting. all right, do the calendar math. in the last 50 days we have added 200 billion dollars to the debt, 4 billion a day.

50 days, 200 billion, 4 billion a day, really, piling up fast. i'll have much more on the story in my take in our next hour. and the attack on the u.s. mission in benghazi, libya is not a financial issue, but it may have political significance and will affect your money. fox news has state department he e-mails from september 11th, the day of the attack and just after six o'clock eastern, that evening, e-mails were sent saying that terrorist group had claimed responsibility. but listen to what white house press second jay carney said on september 18th a week later. >> and based on the information that our initial information and that includes all information, we saw no evidence to back up claims by others that this was a pre-planned or premeditated attack. that it was, we saw evidence that it was sparked by the reaction to this video, and that is what we know thus far. stuart: contrairery to what jay

carney and others said the latest e-mails, reveal that the real time information was delivered to state department, white house in real time that it was a terror attack. more on this in the next hour when the judge weighs in 10:155 and facebook revealed how much main they made from amazon mobile, 150 million dollars, that should quiet some doubters how to make money off your smart phone and that's why the stock is going to be up at the opening bell. look at it now, and pre-markets, we're going to be looking around 24.70 for the opening price of facebook, could go up 25%. look at the video, talk show host jay leno almost wiped out. there was an accident and barely missing leno. close call for jay. a big day on the market for the well-known tech stocks and we've got them covered, in the opening

bell and plus the election, 13 days away and president obama reveals the plan for the economy. what's new in it? it's printed on glossy paper and looks good. i'll ask doug schoen is this is desperation. now, look at this. >> i've laid out a plan for jobs and middle class security, and unlike-- [ female announcer ] the next generation of investing technology

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>> and as trading gets underway, point 0 out the new york stock exchange, the value of all stocks, dropped, and big selloff and a modest come back at the opening bell, we'll see about that. we have a slightly weaker reading on the manufacturing trading session. today's we're off and running and off 6 or 7 points, and the opening trend is not straight up, but up slightly. facebook, for the first final revealed their revenue on apps on mobile. and upgrades because of that and the stock has opened considerably higher. please remember, it debuted at 38 five months ago, but it's up 24% this morning right now and then there's netflix and the profit dropped 88% and the company lowered expectations for new

subscribers, that's not good news. the stock is down big, nicole? >> down big, down 14% here, for netflix and as you noted a subscriber growth and they say, and saying that the company is very happy by adding the 5 million, from 2011 however, people were looking for 7 million new additions, so, subscriber growth coming in shy and the other factors negative for growth. stuart: subscribers do it every time. the and nicole, thank you. the dow industrials is opening the first minute and a half up 40 points, modest gains. let's not forget about what you are now paying at the pump. got another 2 cent per gallon drop just overnight and the national average for regular $3.62 and diesel holding at 4.10. and as far as the gas prices are concerned, down 86 a peril and we've got a report how much oil

is in storage at 10:30, that might effect the per barrel price. two weeks from today. we will know who will serve the next four years at the white house and now, president obama has unveiled his economic plan. it's a new book, look at this. >> in in campaign, i've laid out a plan for jobs and middle class security. and unlike mitt romney, i'm actually proud to talk about what's in it. stuart: all right, well, i am calling this stim plan 2 or son of stim because it looks like the original stimulus plan. desperation maybe. and former clinton advisor, doug schoen is here. i'm saying desperation, you're saying what? >> and bottom line the president had an opportunity in the convention to layout a plan for the future, he hasn't done it. the question you're asking, why two weeks out you would do it if not for a fear he's losing this

election. stuart: in fairness he's had the plan for some time and put it into a glossy magazine antrum petting it more. it's a plan, but not pushed it very hard. >> your last point i think is most important. he hasn't talked about it. most campaigns, i've been goodness knows in many of them always want to talk about the future. the president hasn't want today do it, he's wanted to talk about either mitt romney's failings, much of his campaign or a little bit on his accomplishments. this is desperation. >> there's nothing new in this. we've got rich edson looking through it and what is has been-- >> this is repackaging what he's offered because the attack on him, swing voters feel is that he hasn't offered credible ideas for the future. and hence glossy magazines. stuart: where is the president coming from after the third and final debate? does he think he's behind or pulled even? where is he coming from? >> let me take you and the

viewers inside both campaigns, president obama believes that he is failing. that he is slipping in the polls. the national polls, but more importantly, swing states, florida, virginia, north carolina, basically he's conceded them. he sees himself weakening in the midwest, probably will hold on, ohio is a dead heat, colorado moving to governor romney, new hampshire governor romney, he needs ohio and probably nevada to assure himself reelection, the trend for him is wrong. stuart: how is he reacting to that personally? i don't know if you know the answer to the question, but he seemed agitated, he seemed fragile in the debate. >> i had the same reaction, the people that i've spoken to in the democratic campaigns say that there is an increasing sense of concern, arguably, even panic in the obama campaign because he sold out at about 49% and the bottom line you've got to get over 50 and he's not

there yet. stuart: the other side of the fence, romney camp, triumphantism? >> the sense that they're not only moving, but caution in that debate. great caution, didn't want to differentiate himself too far from the president didn't want to take on the president on libya and stalled out in ohio because the president is still 2 or 3 points ahead of him in ohio and the governor needs it. stuart: i've got a new poll coming up about shortly and we'll see about that 2 or 3 points. that's why mitt romney didn't go on the attack over benghazi and libya, didn't want to rock the boat, he's got momentum and don't upset it. >> that was precisely his decision and figures other than fox the main street media would excoriate him. stuart: i have people who are angry at mitt romney for wasting the opportunity of bashing the president on that big issue. >> and the answer to those people will be if governor romney wins, he was segacious?

>> segacious? >> wise. stuart: i didn't go to harvard. okay, you've been in all of these campaigns. what would you advise the president to do? there's 13 days left. he's trailing, what should he do? >> here is what i would do. what's worked best for him unfortunately and sadly has been demonizing governor romney. i believe they will end the campaign harshly negative, talking as the president was yesterday, about his plan. but that's a cover to attack governor romney because the only thing that has moved votes to the president has been harsh negative ads. stuart: are you sure about that? they've moved votes to the president? >> you think before the-- >> harshness. you think before the first debate, eight, nine months of negativity produced a 4 point lead. one bad debate brought the race even. stuart: doug schoen, you know what you're talking about. >> i like to think so. stuart: i agree with that. thank you. >> thank you, stuart. stuart: new at ten and ad blips

from both campaigns and we will have the all important numbers from ohio fresh out today. and they're very telling. who has the momentum now in the buckeye state. those numbers and the ads new for you at ten. all right. you know how much i like to look at zynga who makes the farmville, phantom pigs not what it used to be. and cutting 5% of the staff and the first cuts in its history and dits closing studios and discontinuing games. and zynga, however, the stock is up 8 cents, not a lot and they're still down 78% since they debuted last december at 10. what can say zynga, you ask? maybe on-line gambling becoming legal, maybe, and new gadgets from apple, turning heads with the pricing of the ipad mini and come out with a fourth generation ipad. that stock, please.

>> the stock is doing better today. yesterday it sold off quickly on the news, a day of selling on wall street as well. so the stock yesterday dropped over 3%. here we are today, a day later, we have up arrows, once again, for apple, you see it up 2%, at 625. you have a couple of the analysts and barclays a $800 target and canaccord, an 800 target and the feeling is, it's a little more than people thought. 329 up to 659 depending on which model you pick, but they're saying that 329 level is actually good for holiday gifts and for people who want the things. stuart: a democratic luxury, can you agree with na. >> it goes into the democratic luxury, we know they're going to sell the ipad mini, you know they're selling these. stuart: i'm there. nicole, thank you, dow jones average up, and time is money, here is what else we've got for you.

remember last week, when we spoke for young democrat? well, today we'll be joined by 19-year-old romney supporters. why do so many of his peers blindly support the president? we'll ask him the question. who is a good one, are there too many lawyers, a majority of people including myself say yes, that's according to a new poll. one lawyer we always love to see, mark lanier, going to join us. and joe buck, voice of baseball, football and fox, joining us to tell us which is america's past time. i know, e-mail us, tell us, varney@foxbusiness.com. and seven early movers, wild wings lowered the profit because of high chicken prices and chicken wing prices, look at that, down 11 peshgs, the industrial machinery maker, donaldson, cut its outlook, not usually good news and not good news today. down 2%, panera bread expected better than expected profits and

raised guidelines and goes to 168, up $8. the video conferencing company, it's up. the mattress maker, tempur-pedic, down 21%. the chip maker, microdevices, posted results that were better than expected. and it is up 15%, not bad. the fda did not approve a drug, that's bad news, down 14%. they are he' moving today. global warming a major issue for the lib rap left one problem the latest study out of the u.k. says there's no temperature gain over the last decade and a half. we'll deal with that next. [ male announcer ] at scottrade,

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. stuart: as we suggested it's the modest bounces from yesterday's big drop. up just 23 points. struggling to hold 13-1 this morning. as for the the price of oil, down to $86 a barrel today suggesting further gas price declines to come. another blow to the global warming alarmists. a new report from the u.k.'s net office suggests because the temperature has not gotten warmer in 16 years, joining us now is steve goreham, the author of the "mad, mad, mad world of climatism." . welcome to the program i know you're a skeptic, i've got that. we've based policy on the generation, that the earth is warming. have we been had? >> great to join you this morning. stuart. well, absolutely, the world is spending over 250 billion

dollars a year to try and decarbonize right now yet more and more evidence shows that climate change is natural and man made influences are very, very small. stuart: do you trust the numbers? this is the british met office i'm told it's reputable. do you consider them to reputab is the science good on this. >> and referring to u.k. mail, we haven't had warming for 16 years and took data from the climate research unit at east a anglia who is the best recorder of global temperature. 16 years may be a stretch, but many have known now more than ten years global temperatures have been flat and we're not seeing a catastrophic warming that the intergovernmental panel on climate change has been predicting. stuart: all climateologists or climate people i guess i could call them. the past ten, 20 years have been making pretty grave predictions

about the seas rising, the ice melting. are all of those null and void? >> more and more evidence shows that they've been greatly exaggerated. in 1990, in the first assessment report itcc predicted high, medium and low for global temperatures. today we stand well below their low prediction so we're not seeing a catastrophic temperature reiss and sea levels have been rising 7 for centuries not what they've been predicting. stuart: we base policy, 250 billion dollars is spent on mitigating carbon emissions worldwide and now you get numbers like that. is there any sign that maybe global policy will change? and shift back? >> well, i think, climatism is headed for a fall. even our president has lost faith in it. if you look at the 2012 democratic platform, it says

global commitment change is an economic, environmental and national security catastrophe in the making. yet, in 270 minutes of debates, president obama couldn't even find a minute to mention climate change. he's realized that u.s. citizens don't believe in it anymore, so it's headed for a fall. stuart: interesting. steve goreham, thanks so much for joining us, come back again soon, okay? >> my pleasure, stuart. stuart: time for your gold report, we're at 9:48 eastern time. where are we? well, still above 1700, but only just, 1710 per ounce, that's where we are. the lawsuit against monster energy links the energy drink to the death of a teenager and monster beverage, well, it's fighting back and our all star trial liar, mark lanier is here, no stranger to the courtroom. remember this. >> i have the seven early movers for you, after each one i'll pause and ask mark if he's ever

sued the company that i'm talking about. you've sued them? >> i've sued them and represented. stuart: sued gm? >> i've sued gm. stuart: don't tell me you've sued apple? conflict of interest. >> actually i've sued them. stuart: 1115 on caterpillar. >> awon a verdict against them year before last. stuart: go ahead. >> everybody has sued wal-mart for one thing or another. so of the seven early movers you've sued five of them.

>> the monster beverage does not believe its energy drink is responsible for the death of a 14-year-old girl. monster does not believe they are in any way responsible for the death of miss fourn yea, monster is unaware of any fatality anywhere that has been caused by its drinks. and died from caffeine toxicity, but did have an underlying condition. and the parents are suing. mark lanier is here. will they win? >> they might, they might. there are no warnings, and pediatrics say they're dangerous for adolescents. put out a study.

increased caffeine and increases the heart rate 6 to 10 beats a minutes. stuart: this will go to trial and the implied liability, if the lady and her parents win. now, what would satisfy you, the lawyer, money of course? but do you want warning labels? >> i want warning labels that says, parents need to watch out not let their kids drink this stuff. stuart: not to let the kids drink this stuff. >> yeah. stuart: so, if one of these cases came to you, you would take this case. >> would i give serious thought to taking this case, in maryland which is where it happened. i would not take it in texas. stuart: and would you care to counter balance the lawyer among us? >> i think having a warning label not telling kids to drink this, when the kids are going to 7-eleven and buying them themselves. stuart: everything has a warning label on it, just about everything does. and it loses impact. doesn't it. i wouldn't say that

it does, but i do say that it eliminate responsibility for the company. the company can do no more than a warning. but you look for, and tarine is in this and it's a dangerous chemical. stuart: and what's in this is excessive caffeine. >> do we have warning labels on starbucks. stuart: exactly. >> let's let the jurors decide what the the public wants. stuart: let the jurors decide. >> you'll contaminate them. >> no, no, they watch fox business. stuart: welcome to show, nice to have you with us. new at ten the latest poll from ohio shows who has momentum after monday's debate. the number for you top of the hour. a very important number, and plus ad blitz by both sides with less than two weeks ago. bob...

oh, hey alex. just picking up some, broures, posters copies of my acceptance speech. great! it's always good to have a backup plan, in case i get hit by a meteor. wow, your hair looks great. didn't realize they did photoshop here. hey, good call on those mugs. can't let 'em see what you're drinking. you know, i'm glad we're both running a nice, clean race. no need to get nasty. here's your "honk if you had an affair with taylor" yard sign. looks good. [ male announcer ] fedex office. now save 50% on banners.

♪ >> new at ten, the latest numbers out of ohio show mitt romney has caught up in that crucial swing state. the latest rasmussen poll taken entirely after monday's debate shows a tied. 48-48. obama got nothing auto out of t debate. no president has been elected without carrying ohio and we have one of the voices of ohio joining us shortly.

that's a new at 10 story. this comes on the same day that both campaigns unleash an ad blitz on the swing states and both airing new ads today and we will show them to you in just a couple of minutes. to the big board, this wednesday morning, not much movement. we're up 30 points, remember, we've lost 500 market value in the last three days, a tiny bounce right now. >> and our company today. kelly jane torrence, trial lawyer supreme, the man you hate to love. mark lanier and nicole petallides, facebook quieting those who doubt that it would bring any money. >> ooh, take a look at facebook today. it's a 22%. of course, not a 38 ipo price in may, but however, you have the analysts jumping on board with buy ratings and love the second

quarter earnings report. and 22%, hey, 23%. stuart: i'm sure there's different story at netflix, 88, 90% and the company lowered expectations about new subscribers coming on board. it's got to be down big. >> in the meantime, the ceo says, hey, we're happy with the subscribers we're adding, but they're going to have to spend money internationally and the stock is to the down side and they see negative free cash flow for several quarters, that doesn't sound good, hey, stuart, you know how i downgraded because it's cheaper than starbucks today. i went all out and went crazy with the frappaccino. stuart: too much caffeine, i've got to break in, breaking news for you. new home sales the latest month up 5.7%, over the month before. that will be september over august, up 5.7%. no market reaction, we're still up about 20 points. two weeks ago until the

election, and president obama has just released, i'm going to call it stim plan 2, that will be his new economic agenda. let's go to rich edson in d.c. rich, you've read it. i want to know is there anything at all in this thing that we've never seen before? >> well, stuart, no. we've got about 20 different points in this, all points the administration has fleshed out before. so there's nothing new in this. this is the administration's response they say to the fact that they have no plan, the administration says we have a plan. here it is in a nice glossy booklet. stuart: it's not a new plan. >> no. stuart: it's the president's program over the past year put into a glossy booklet and distributed. 3 1/2 million around the country. >> yeah, definitely more than a million and a half all over the office ins the country and local ofa office and these are things that they've put out before,

investing they say, tax credits for green energy, business expensing, fuel economy standards the stuff that the president has out there before. stuart: rich edson, you've read it and tell us about it, good stuff. kelly jane, i want to turn to you, this has been put out in glossy format, what, 13 days before the election. it previously, i've used the expression desperation and you say what? >> i agree. the republicans and romney say you don't have a plan, what are the specifics, and romney has a five point plan and mention it had every debate and less than two weeks before the election you finally see obama's plan and you say it's not a plan. look at it-- new. is a plan, but it's not and my question is, if you put that plan into practice, you, kelly jane, think it would work? would it get the economy going, what do you think. >> one of the things in the plan, let's hire 100,000 new math and science teachers. you've been spending more for decades and hasn't made the kids

smarter or learn more, and hasn't helped the economy, a strange view what's going to bring the economy back on track, it's not teaching kids math and science. >> can we bring in the trial lawyer. >> i'm not going to applaud the president's plan, aim not going to applaud anybody. stuart: you're a trial lawyer. >> i want what's best for america, it doesn't matter, democrats or republicans, i want what's best for the country. stuart: and let me put the camera on here and mr. lanier looks into the of camera and says i want what's best for america. and that's called tainting the jury pool. and. >> what's best for the country. stuart: okay. and here is what you're saying about the president's new 20-page glossy book. this is on facebook, brook says, why didn't he have this plan for his first term? my goodness, he acts like he's running for the first time. this from corynne, i should say,

i wonder if he read it. good one. and maxine says, what a waste of paper, no one in their right mind would believe anything in it. follow us on facebook, chime in, please, all good stuff. here comes the ads, airwaves bombarded with them especially in the swing states. the latest from the romney campaign going after the president on the debt issue. . >> there are two very different paths the country can take. one is a path represented by the president which, at the end of four years, and we'd have 20 trillion dollars in debt headed towards greece. and that will get us on track to a balanced budget. >> and here is the latest ad for the president highlighting his accomplishments from the last four years. >> over 5 million new jobs, exports are up 41%. home values rising, our auto industry, back. and our heroes are coming home. we're not there yet, but we've made real progress. the last thing we should do is turn back now.

stuart: and mark lanier, what do you think? how would you react to either of those? how do you think america will react to those? >> i think that america would add fed up. as opposed to mitt romney standing there, or sitting there looking at the camera, you've got to give obama's people credit for having the little girl run and jump in the arms of the military man returning home. and pleasing on the heart. stuart: kelly jane. >> i look forward to the ad we've heard with clint eastwood doing for romney more interesting than just looking at romney. in obama's ad he mentions progress and em sizing, how we need to bolster our manufacturing sector and he's saying that romney wants to take us backward. who wants to take us backward? manufacturing? come on, i'm happy to let the chinese manufacture my products so that they're cheaper and let us have people who invent them. stuart: and clint eastwood, that was a super pac ad. >> no, no, not an official ad.

>> karl rove super pac, that's coming up. stuart: and i want to get back to the numbers from ohio we brought you at the top of the hour. mitt romney pulls even in that crucial swing state, ohio and is now tied with president obama. 48-48. no, that means no bump for the president following monday's debate this poll was taken entirely after the end of that last final debate. and the talk radio, brian thomas joins us now, with us from cincinnati. all right, what's your reading of the state of ohio as of right now? does romney still have momentum? >> well, absolutely. actually, i think it's gaining and i thought it was particularly interesting that pan pamphlet coming out and i think it's devoid of anything relating to get the economy rolling, and i heard someone comment about manufacturing coming back, hey, it's coming back big in the state of pennsylvania, check out the new

plants they're plants they're planning on building this, we have cheap gas and energy, all of these little points and positives to romney's benefit and i think you will see the poll numbers rise. stuart: let's be honest you're a conservative, you're very much in favor of the romney campaign. >> libertarian. i always have to correct you on that one. stuart: okay. but you are, you consider yourself a romney supporter even though you're a libertarian, is that correct. >> absolutely, absolutely. and as much as i am a libertarian of the philosophy, i will encourage my libertarian friends to please do not throw away their vote. we've got to get romney elected and he's only only hope. >> if i were inno heo and turned on my tv set. is there a chance i would see a single ad for anything other than politics? >> absolutely not. i believe they command a premium this time of year and particularly given this race and

i know my radio program sold out and era lot of political ads and i know everyone is up to their eyeballs in them. >> it must be great to be in ohio and run a media outlet, because you're coining it this time of year, coining it. >> it's fantastic. now, a lot of guys, you know, in this particular profession, obama's the greatest thing that ever happened and i candidly will return, listen if all the problems of the world go away and i have nothing left to talk about, i will be happy to pursue another profession. >> look, i've got 20 seconds. can you give me an objective forecast? can you put your own politics aside for a second and you give me objective forecast of ohio? who wins? >> i'm going to go romney by a point. stuart: that's it. >> it's going to be tight. we've got tons of union money, but that's my guess, i'm not prognos prognosticator. >> and we're happy to have you on, you have at greatest voice in radio and pleasure to have you on tv.

>> a pleasure being back on. brian thompson, thank you very much, indeed, sir. we hate to do it, but we have to put zynga on death watch. phantom pigs not what they thought they would be. i predicted it, and these are the first job cuts in that company's history and it's closing one of the studios, discontinuing some. and look at the stocks. it's down 78% since it debuted with the ipo. and right now it's down 1 cent at-- oh, it's way down since the ipo. anything that can save zynga might be the legalization of on-line gambling. that could help them. and monster, beverage, that is, bouncing back today. what's going on? >> we're checking in on monster after yesterday where we learned that the fda was probing into five deaths that may or may not have had a correlation to the monster energy drink since 2009.

one of which is a 14-year-old girl. and yesterday the stock was dropping and it was down and bouncing back. >> the company put out the statement saying, look, we're not responsibility. >> in any way, in any way, right, they're very adamant and the girl actually had a heart condition so he we've been checking on it. stuart: nicole, thank you very much indeed. now the old joke, what do you call 100 lawyers at the bottom of the ocean? the answer, a good start. it's a little harsh since we have one sitting with us. if the polls are indications, there are far too many lawyers in america, what a vast majority of people said in a recent rasmussen survey. what does trial lawyer supreme court, mark lanier say to that. he'll respond to the numbers and my joke, he's itching-- >> glad to. come on. [laughter] >> tainting the jury pool. >> no, no. stuart: a small business owner took out a page in usa today

standing up for president obama, and say that the president and allies are taking aim. these attacks are not getting us anywhere, they're really just political tricks to distract the president's own policy failures. and let's go to the company. and-- >> and everybody knows that obama really doesn't like business people. it's, i think it's actually ingrained in his psyche and he knows he needs them so he's got to kind of hide it, but that you didn't build it comment. that's he feels. stuart: he's lost wall street and lost goldman sachs, contributing to romney. >> which was one of his biggest contributors. stuart: complete turn around and small business owners are opposed and the medium sized businesses of all different kinds. mark, he's lost business. i know you run a business, but it's a lawyer's business. >>, but business is business. and he's got some policies that have been helpful to business, but by and large most people say

he's anti-business. stuart: you would agree with that characterization? >> i think that there is truth to both sides of the coin. when you go after a corporation you know that president obama is on your side, don't you? >> not necessarily true. he does not always help out the trial lawyers and gets trial lawyers frustrated. stuart: he doesn't always help. are you crazy? >> which corporations would he be against you guys going after. stuart: when does he ever slap down the trial lawyers? >> come on. >> he spoke out on the medical malpractice reform. he spoke out, at the class action fairness suit. stuart: he's on your side when it came to medical million practice. >> he said there absolutely needed to be reforms in the tort area. stuart: in your favor. >> no, no. stuart: well, where are these reforms in obamacare? they're not there. >> no, they didn't get passed. he needs another four years. stuart: asking for money. and two hours after the attack on the u.s. consulate in

benghazi began new e-mails in the obama administration shows that they knew who was respond it. did the white house have the legal responsibility to tell the truth. remember this from a few days after the attack. the judge is next. >> based on the information -- our initial information, that includes all information, we saw no evidence to back up claims by others that this was a pre--planned or pre-meditated--

>> you really can't call this a bounce back, the at dow industrials are 250 yesterday or thereabouts. and remember, dow did drop yesterday, so it lost about what, 450 points over the past week so this is not a bounce. what is helping the dow this morning, a billion dollars profit and 20 billion. the and panera bread, sandwich shop, noi it well. made more than expected in the third quarter and continued as expected in the current quarter. buffalo wild wings down big, made more because of high prices for chicken wings and prices have gone up so much they had to raise menu prices, because of the drought which raised the price of chicken feed.

that's down. and new e-mails showing that the administration knew about the attack in libya. more in a moment. 4g lte is the fastest.

so, which supeast 4g lte service would yochoose, based on this chart ? don't rush into it, i'm not looking for the fastest answer. obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined. >> a judge has denied the request from an ex-police chief in bell, california to trouble his pension to 510,000 a year. the question, of course, this is the same ex-police chief randy adams, fired after scandal and corruption allegatiins riddled bell during his time.

and the judge says he never approved adams contract and tried to keep his salary secret. he doesn't get 510,000 a year. fox news obtained exclusively state department e-mails that showed on september 11th, it was known that the libya attack was pre-planned terrorism. yet, the administration maintained otherwise for a long time after the attack. all rise, judge andrew napolitano is it here. so, they did not tell the full and whole truth immediately when they knew it. is there any legal sanction on that? >> in answer, no. in a word, no. the government has no obligation to tell the truth. it has no obligation to reveal what it knows. it has no legal obligation to do so. arguably it has a moral obligation and politically an obligation. when the court examined the lying in police interrogation, but applies to government, the court approved the government

lying, cheating, misrepresenting, even committing fraud and basically said if you don't like it vote the government out of office. it's unfortunate for the president, but fortunate for voters this is happening now because this is another reason that voters can examine when they decide whether or not they want to keep barack obama in the white house. stuart: i personally would not use the word lie in this context. a, because i don't want to sully american politics with harsh language and b, i'm not sure you can say anybody was saying this is black when it was obviously-- >> and here is if my view the liar, i don't know what was in susan rice's head, but i do know what was probably in the head of the person in the white house, whoever that is, who sent her to the five television stations on the 16th. clearly, that person knew that what susan rice, the united states ambassador to the united nations, was about to say was absolutely not the truth. i don't know what she knew, i don't know if she was privy to

the e-mails, but we now know from our colleagues here discovered yesterday and we know from what some of us have seen, intelligence cables directly from intelligence agencies on the ground in libya dated september 12th, we know it's inconceivable that tte white house didn't know that this was al qaeda-based. whether they shared that with susan rice we don't know. so someone somewhere between the hard working intelligence folks on the ground and the people in the white house, and susan rice, somewhere in there there's a disconnect. somebody decided the truth shall not get out. stuart: so no legal or constitutional sanctions, going ahead and saying an untruth. >> no, no, amoral because they have to look at the maker, and mrit because the president has to confront the voters in two weeks. stuart: one more issue. >> does it have anything to do with with what we are were just talking about. >> no, an about face.

stuart, we've chased it here. stuart: and funny you should use that tone of voice, i was informed during the break, my trial lawyer mark lanier that my colleagues in england are about to change the rules. if i sued you and lose, i pay your legal cost, i lose, loser pays, they're going to abandon that. are you sure of this lanier. >> this is my british barrister friends told me we've got a meeting november 13th to discuss-- >> and you're encouraging this aren't you? >> i'm an advocate of loser pays. >> at the present time in great britain, the english rules apply not by a jury, but by a judge. you get a jury in a criminal case not a civil case. is that going to change? are you going to get a jury in a civil case, and say i have a heart attack, is it going to be

as lit igious as the united states? >> now my heart is with him. you have a 600 year tradition contrary to what is about to come. stuart: yes, it works. >> well-- >> you have to change the name. >> aen will there be english rule, what we'll call it. >> how revolutionary. [laughter] very clever. thank you, judge. >> a pleasure. >> the national debt exploded by 200 billion dollars in just the last 50 days. are we becoming like europe? my take is next. with the fidelity stock screener, you can try strategies from independent experts and see wh criteria they use. such as a 5% yield on dividend-payi stocks. then you can customize the strategies

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>> in if you look at the 2012 democratic platform it says that global economclimate change is a catastrophe in the making and in the debate president obama didn't mention climate change. stuart: he says that even president obama doesn't believe in climate change. time for a market check. this as big bounce, we're up 30. apple releases the new ipad

mini, what's going on with the stock, there, nicole? >> stock has an up arrow and a higher price point than a lot of people anticipated. there are big, big idea, they're going to be a hot seller and the ipad touch and the ipad. >> not much of a bounce no, for a new introduction like that, i'm kind ever surprised i must say. >> we'll see maybe too many ipad, ipods, i don't know, but i think that everybody will be happy if i presented you, people would love it. >> i think so. try it. all right. and despite high unemployment among the young americans, the youth still come out to vote, or a majority at least for the president. why is that? i asked an obama supporter just that, and remember this? >> i'll give you 30 seconds from the get-go. give me 30 seconds why new graduates should vote for president obama? >> go. >> how could they not vote for president obama? >> what? >> why wouldn't they?

>> that's the best you could do? >> coming up a few minutes, a 19-year-old romney supporter defends his generation. why are they so loyal to obama? we'll ask. >> i'm sure you've seen the ad, china laughing at america for the debt they're piling up. here is mitac, how fast we're digging our own debt hole. the red ink is flying at lightning speed. i say this is appalling and troubling. on september the 4th, just as the democrats kicked off their convention, the debt clock ticked past 16 trillion. today, october 24, it moved past 16.2 trillion. please do the math. that's an extra 200 billion dollars in precisely 50 days. precisely four billion a day extra. and backtrack a little. the deficit for the entire year 2007 was 167 billion. now you see what i mean when i

say the debt is piling up at break-neck speed and so is the interest. we have to pay out roughly, roughly. 9 billion dollars a week, and about one third of that goes overseas. notice also how this almost slipped by. i just happened to notice the debt clock and matched it to the calendar, 50 days, an extra 200 billion dollars, 4 billion a day, are you going to tell me with a straight face that america has not become just like europe? really?

>> now there's a lot more oil in storage than they thought we was going to be, that's why the price is $85 a barrel and oil storage gain, a lot, so oil is down a buck 85. and it seems to me that oil is going straight down and therefore, i should expect gas to go straight down, you want to comment on that? >> stuart, a couple of weeks ago when i was on this show, we talked about the unemployment number and how you and i both agreed that the unemployment number would magically get below 8%. in the crude area, where is the president vulnerable, one area

is jobs and one is gas prices and i would uppontificate you'l see more and more crude oil is going into storage because-- >> wait a minute, trey, are you joining the rank of conspiracy theorists? the constant increase ins crude number and storage yet look at the july global usage of crude was the largest single month usage ever globally. so the numbers in my mind don't jibe, so what i'm going to say is i'm going to willing to start trying to buy crude after the election, because i suspect we will not see all of these sharp rises in crude oil inventories after the election. stuart: fascinating. every time we have you on, you have something new and different and interesting and different. good stuff. thank you, trey. >> thanks. stuart: we are expecting the youth vote to go heavily for

president obama in the election, 6 6% of voters under 30 voted for the president, that was back in '08. and we really can't figure out why. >> i'll give you 30 seconds right from the get go, give me 30 seconds why new graduates should vote for president obama, go. >> how can they not vote for president obama? >> well, okay, that was young democrat emily sussman, maybe a young republican can explain it. and joining me is charlie kirk 19 years old. the founder of the turning point. all right. charles, welcome to the program, i want to you answer the question, why does a large minority-- majority, certainly a plurality of young people intend to sproet for president obama in this election. >> you know, at first i was confused by it, but then i start today realize, in this election it's much different than in 2008. students, president obama likes to talk a big game and three major coalitions of the youth

vote, women and latinos. the youth vote is dwindling. 2008 craze of students supporting president obama in droves is not the same. students are disillusioned and 50% of college graduates cannot find work in the degree studied in and the craze is dwindling. stuart: i gotcha, but there's a plurality of young people voting for obama in this election 13 days from now. it's still a plurality, isn't it. >> it seems to be that way in polls, but we have to look at a very special indication, and that's enthusiasm, the gap is way down than in 2008 and multiplier effect and the fact that a lot of younger voters are not knocking on doors the way in 2008. might be voting more president obama, but not necessarily recruiting voters. stuart: you're a known republican and don't hide your light under a bushel. everybody knows where you're coming from. what kind of reception do you get under other young people when you reveal yourself to be a

republican. >> well, i try to come across sometimes from an independent perspective and narrow it down. the president has accumulated 5 trillion dollars worth of new at the time in four years, debt my generation has to pay off. it's generational theft, thiefery by washington and the president hasn't put out a plan to solve it. stuart: how do you feel about debt. the 50 days, the national debt is up 250 billion dollars. how do you feel? >> we will have to pay for it in interest and debt down the road the children of tomorrow will have to pay for mistakes of today. if washington does not get their fiscal house in order and we're going to have to pay for it. it's unfortunate that washington continues to buy at obscene levels. >> lets me try to answer the original question i asked. why is is a plurality of young people going to vote for pt president in this electioo? my answer would be, social issues are more important to young people rather than tax and

economic and job issues and they're more important because they're very much in line and in tune with gay marriage and verr much in tune with abortion policy for the president and very much in tune for free contraception for all women. i think that's why a plurality vote for the president, do you agree? >> i would agree to an extent, correct. ap i also think that the republican party has not framed it in economic terms as well as they could have. they've attempt today make it as the debt and deficit and need a step further. this economy is in shambles and our fiscal house is not balanced and the generation will have to pay off trillions in debt before they're able to cast a vote and i think you're correct, the younger generations say i support gay marriage and i have to support the president. if we don't balance the budget, we have to balance the budget and understand the fiscal climate that the country is in and the younger generation would vote social side rather than the

fiscal. and we need to make them understand the fiscal conditions. stuart: hope you can join us soon and find out how the split was in the vote. charles, appreciate it. >> thank you for having me. stuart: we have breaking news from the world of sports. the wall street journal reports the nhl new york islanders say they will move from their home on long island's national county to the new barclay center in brooklyn where the brooklyn nets play. the team is expected to make the announcement this afternoon and begin play in brooklyn in 2015. big news in the world of, i think, is that hockey? >> i think it is. stuart: this is in hockey. that is hockey. it's been confirmed. >> yes. >> absolutely, the ice. stuart: confirmed by a texan, and i believe a canadian. >> in houston, that's just water. stuart: three topics after the break. a major scientist behind the global warming movement files a defamation lawsuit and some people question his work. second, d.c. follows new york

and proposes a sugary drink ban and last, perfect for mark lanier, a rasmussen poll says that america is getting sick of lawyers. 0t[h7

>> there's been a big drop in the price of oil and it continues today. oil inventory numbers show a big buildup in the amount of oil in storage, not using that much so down comes the price, 85 bucks, gas prices down two cents

overnight and the national average is 3.62 and that will be down 13 cents in a week. it's a very small gain for the market right now. 42 points i'm going to call that a small gain. this morning, we've got a report on housing applications for new mortgages and refinancings, and we're down sharply, compared to last week. and shares of "i, robot." down sharply and the company makes the vacuum cleaners that gun 0en their own. it expects lower spending by customers for the defense and security products and it's down 20%, and lumber liquidator, joining nicely and made almost twice as much money this year as last year.

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around the count, around the corner. us bank. >> breaking news, we're getting the latest rasmussen swing state tracking poll. romney 50. obama 46. theys that's a one point gain from yesterday. that's a big deal. netflix, nicole. >> the low of the day was 57.40, stuart so it's off the low, however shall as we talked about a disappointing amount of subscriber growth even though it's improvement year over year, people are looking at and analysts coming down and down 15%. >> and that's a loss indeed. all right, nicole, a quick lightning round for the company right now. first off penn state professor

michael man is pushing global warming has been questioned and now he's suing people who criticized his work including our friend mark stein. mark lanier, does he have a leg to stand on. >> yes, he does, he's called the jerry sandusky of climate change, that's overboard. >> it's not questioning his work, it's questioning his character. >> questioning his character and aligning him with someone from the same institution probably the most egregious person hated on the planet. that's overboard. stuart: i don't know anything about american libel laws, but that would be included in the scope of the law. >> he's a public figure and you have to show malice, but i would say a legitimate case. stuart: and the soda ban could be spreading, washington d.c. liked the new york city ban so much they're considering the same thing. kelly jane. >> i was kicked out of an american public health gathering association in 2003 simply for

covering what they had planned so this doesn't surprise me at all. i think one day you're going to have to ask for your big soda behind the counter at 7-eleven just like your pornography and i think it's a dangerous trend. [laughter] >> remember that. >> and you being the general "you". stuart: you were kicked out of a health care meeting. for covering and report what they were doing. stuart: they were trying to get a ban. >> they were talking about, and also marketing to children and the key is personal responsibility. the idea is we can't take responsibility for ourselves, we need government to do it for us. if we start to agree with that in something as simple as what we drink every day, how can we say that government should be out of any part of our lives. stuart: the one you've been waiting for, according to a new rasmussen poll, 60% of people say there are too many lawyers in america, defend yourself, lanier? >> lawyers can do lots of different things, you've had three on the show so far and i

think your show has been one of the most smashing things. no, there are probably too many lawyers, and hard to get a job as a lawyer. that doesn't mean there are too many good lawyers. it's a question of quantity and quality. stuart: i love the rule of law, that in america it's become the rule of lawyers, has it not? >> no, no absolutely not. america is a three-part governmental system and the government by the people, for the people must be done through lawyers. and we hold everybody accountable. >> i really do appreciate that constitutional lesson from an englishman. new, lanier. small business, yo -- the first pitch for the world series is tonight. and is football america's past time. the voice of football on baseball and football on fox, we'll get his take next. follow the wings.

>> i do want to clarify the rasmussen poll. i may have misspoke, the swing state tracking poll. 50 governor romney, 46 president obama. that means president obama has gained one point from yesterday. got it. the ratings are in for a busy monday night in television. 59 people watched the debate on various networks, monday night

football 10.7 million and gained 7 of the national league series 8.1 million and shows football is number one sport in america, ahead of baseball. and joining us is joe buck,en sports from fox. and he'll call game one of the world series tonight. joe, what a pleasure, welcome to the program. >> nice to be here, thanks for having me. stuart: now, would you agree with my premise that football is just running away with the sporting stakes in america and is by far, the most popular and brings in more money than any other sport? >> i think you're a crazy person. >> what? >> no, i'm kidding. [laughter] i'm kidding, yeah, obviously. i think you look at the nfl and it's incredible, the numbers that we get and you're right, i get to do both. it's incredible week after week when we do the late sunday windows or we do a playoff game or we do a super bowl.

over year the super bowl grows, way over 100 million people when you're doing a super bowl and that's, that's on one side. then we do major league baseball and you're right, night to night, week to week, you're getting a nfl property that everybody's tuning into, but what we're happy about at fox and where we get our satisfaction is night after night, you know, this is not a week to week thing. at the end of october when we sit down and think about the number of people that watch these games throughout the weeks, it's impressive and major league baseball holds its own. and really, despite what the matchup may be, so you're right. but-- >> i've got to do one quick one. that is english free mere league soccer, i think that's the dark horse here, i think it's coming up strong, it's going to overtake maybe hockey in the ratings soon and fox has got it. what do you say. >> you're right and i hear more people talking about soccer, as we call it here, but football as

you would call it, more than i have. and i know that fox is excited to have the rights to cover, to cover soccer and it's definitely a growing sport. i come from st. louis. st. louis is a huge soccer city believe it or not in the united states and so i've grown up around the sport, but i think air right. it's, it's a really hot television-- >>. stuart: see, i'm not crazy, i knew i wasn't crazy. >> i was kidding about the crazy. stuart: oh. taco bell do your promotions during the world series. >> that's crazy, that's crazy. stuart: have i got this right. if anyone steals a base everyone in america gets a free taco, is that right? is that accurate? >> and can it be right? but you're right, yes, it's one base, one base stolen, everybody in america gets a free taco. stuart: do you get two tacos if two bases are stolen in a series. no, no, now you're back to the crazy part. not doing that. it's one steal, one taco, every

person. stuart: all i've got to do, you know, i see one base stolen in any game, in all seven, if it goes to seven, i walk into a taco bell with my wife and six children and six grandchildren and we get-- >> congratulations on all of those kids. stuart: you're welcome. we get 14 tacos, free. >> yes. stuart: wow. >> it's unbelievable. yeah, yeah and steal a base, steal a taco. we've done it in the past and america did not crumble, taco bell exists today and they're going to do it yet again. stuart: joe buck rules, fox rules and here comes major league soccer-- no, no, here comes english premier league soccer. joe, that was a real pleasure even though you called me crazy, love it. >> get over the crazy thing. stuart: come and see us again. good luck, joe, thanks a lot. watch out the highlight reel is next. [ male announcer ] this is steve.

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stuart: here it is, the highlight reel. it is a new book. >> i have laid out a plan for jobs and middle-class security. >> he has wanted to talk about either mitt romney's failings or a little bit on his accomplishments. >> mitt romney, i am actually proud. stuart: you say what? >> i am saying you are not far off, stuart. >> the last thing we should do is turn back now. >> he has incredible ideas for the future. >> they have no plan. stuart: i think i said desperation. >> the word should be scandal. we are talking about big bird. stuart: [ laughter ] the plan. explain.